A driver was hospitalized Sunday evening after his Lincoln sedan left Farm to Market Road 1013 near Mount Union when he swerved to avoid a cow standing in the roadway. The man suffered non-life-threatening injuries in the crash.
The Crash on FM 1013
Tri-Community Fire Department volunteers responded to the scene just east of the intersection of Farm to Market Road 1005 shortly before 8:00 p.m. First responders found the Lincoln sedan off the roadway after the driver lost control while attempting to avoid striking a cow.
A firefighter at the scene reported that the driver said he swerved to avoid the cow, causing his vehicle to leave the road. No fire resulted from the incident. Emergency personnel transported the driver by ambulance to Christus Jasper Memorial Hospital for treatment of non-life-threatening injuries.
Authorities have not released the driver’s identity or information about the cow’s owner or how the animal escaped onto the roadway.
When Avoiding Livestock Causes Crashes
Drivers who encounter cattle on rural roads face split-second decisions with no good options. Striking a 1,000 to 1,500-pound cow at highway speeds can cause catastrophic vehicle damage and serious injury or death. Swerving to avoid the animal risks losing control and leaving the roadway, potentially rolling the vehicle or striking trees, ditches, or other hazards.
The 8:00 p.m. timing placed this crash after dark on a rural Texas road. Cows lack reflective markings and their dark hides blend into nighttime surroundings. Drivers may not see the animal until their headlights illuminate it at close range, leaving insufficient time to brake safely. The instinctive response to swerve can send vehicles into ditches or off the roadway entirely.
Texas Farm to Market roads typically lack shoulders wide enough to maneuver around obstacles while maintaining vehicle control. When a cow appears in the travel lane, drivers must choose between collision and emergency steering that may result in leaving the pavement and overturning.
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Texas Livestock Laws and Owner Liability
Texas operates primarily under open range laws in many counties, but property owners still have duties regarding livestock on roadways. Even in open range counties, owners cannot allow animals to roam freely without any effort at containment. The specific county’s status determines whether owners face strict liability or whether injured parties must prove negligence.
When a cow escapes onto a roadway and causes a driver to crash while attempting avoidance, questions arise about whether the owner maintained adequate fencing and whether they knew or should have known about escape risks. Broken fences, open gates, or habitual escape problems can establish owner negligence regardless of the county’s open range status.
Property owners in Texas must make reasonable efforts to contain livestock based on local ordinances and the type of animals they keep. Cattle near Farm to Market roads present particular risks because these routes carry regular traffic at speeds between 45 and 65 miles per hour. A cow standing in the roadway at night creates an unavoidable hazard for motorists.
Proving Livestock Owner Negligence in Texas
Establishing liability requires identifying the cow’s owner and documenting fence conditions at the property where it escaped. Texas property owners who keep cattle near public roads must maintain fencing appropriate for containing large animals. Evidence of broken fences, gaps in barriers, or gates left open demonstrates failure to meet this duty.
Prior escape incidents strengthen negligence claims by showing the owner knew about containment problems but failed to address them. Neighbors who observed the cow loose on previous occasions or who reported fence damage can provide testimony supporting liability claims.
The cow’s presence on FM 1013 at night suggests it had been loose for some time before the crash occurred. Questions about when it escaped, whether anyone reported it to the owner, and how long it wandered before causing this collision all factor into determining the owner’s liability.
Get Legal Help After Livestock Avoidance Crashes
When drivers suffer injuries after swerving to avoid loose cattle on Texas roads, they deserve compensation for medical expenses, vehicle damage, lost income, and pain and suffering. Property owners who fail to contain livestock must answer for crashes their negligence causes.
If you were injured in a crash caused by livestock on Texas roadways, contact Silva Injury Law for a free consultation.
